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Unformatted text preview: defend the latter's interests, is
impliedly empowered to pay the lawyer's fees for services rendered in the interests of said principal, and
may satisfy them by an assignment of a judgment rendered in favor of said principal; (2) that when a person
appoints two attorneysinfact independently, the consent of the one will not be required to validate the acts
of the other unless that appears positively to have been the principal's intention; and (3) that the assignment
of the amount of a judgment made by a person to his attorney, who has not taken any part in the case
wherein said judgment was rendered, made in payment of professional services in other cases, does not
contravene the prohibition of article 1459, case 5, of the Civil Code.
By virtue whereof, and finding no error in the judgment appealed from, the same is affirmed in its entirety,
with costs against the appellant. So ordered. Art. 1896 – Liability of Agent for Interest
Lyons v. Rosenstock, 56 Phil 632 (1932) DORIA
This action was instituted in the CFI of Manila, by E. S. Lyons against C. W. Rosenstock, as
executor of the estate of H. W. Elser, deceased.
Henry W. Elser was engaged in buying, selling, and administering real estate. In several ventures,
E. S. Lyons, joined with him, the profits being shared by the two in equal parts.
Lyons, whose regular vocation was that of a missionary agent of the Methodist Episcopal Church,
went on leave to the United States and was gone for nearly 1½ years. On the eve of his departure, Elser
made a written statement showing that Lyons was, at that time, half owner with Elser of three pieces of real
property. Concurrently with this act Lyons executed, in favor of Elser a GPA empowering him to manage and
dispose of said properties at will and to represent Lyons fully and amply, to the mutual advantage of both.
During the absence of Lyons, 2 of the pieces of property were sold by Elser, leaving in his hands a single
piece of property located at Carriedo, Manila. 29 The attention of Elser was drawn to a piece of...
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This document was uploaded on 03/11/2014.
- Fall '14